Today, On 12th December, The Supreme Court directed all courts in the country to refrain from entertaining or passing orders on suits related to surveys or disputes involving religious places. This directive aims to ensure consistency and avoid unnecessary judicial intervention in such sensitive matters. The decision underscores the importance of maintaining communal harmony and upholding the principles of secularism. Courts are expected to exercise caution and adhere strictly to this guideline.
New Delhi: The Supreme Court issued a significant directive, prohibiting all courts across the country from entertaining or issuing any interim or final orders related to lawsuits seeking reliefs, including the survey of religious places under the 1991 law.
The decision made by a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan, and it addressed a series of pleas concerning the Places of Worship (Special Provisions) Act, 1991.
This law bars the conversion of any place of worship and mandates the preservation of its religious character as it existed on August 15, 1947.
The bench specified that no new suits could be filed or registered until further notice, and courts should refrain from making any “effective interim or final orders” on pending cases.
The bench remarked,
“We are examining the vires, contours, and the ambit of the 1991 Act,”
Suggesting it was prudent to instruct all other courts to “stay off their hands.”
Several lawyers representing the Hindu side opposed this order, arguing it should not be issued without a hearing.
The bench instructed the Centre to respond to the pleas and cross-pleas within four weeks and granted an additional four weeks for other parties to submit their rejoinders.
The hearing will proceed after the completion of pleadings.
Additionally, the court permitted various parties, including Muslim organizations, to intervene in the proceedings.
The Supreme Court currently reviewing six pleas, including one from Ashwini Upadhyay, who has requested the repeal of Sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991, arguing that these provisions infringe upon the right to seek judicial remedy for reclaiming places of worship.
The Place of Worship Act has been challenged by several petitioners, alleging it denies Hindus, Jains, Buddhists, and Sikhs the right to restore places of worship destroyed by historical invaders. While the Act is crucial for maintaining religious status quo, the Supreme Court granted the Union government additional time to clarify its position on these challenges.
The petitioners emphasized the need to stays surveys that could lead to increased communal tensions. “We seek to uphold the sanctity of the 1991 Act and ensure no actions contravene its principles,” stated a lawyer representing the petitioners.
The matter highlights the ongoing debate over balancing historical grievances with the need to preserve communal harmony and legal consistency across the country.
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